DMSB Academy edubreak®CAMPUS Terms of Use

§ 1
Terms of use

These Terms of Use govern the usage agreement (rights, obligations, liability) of the persons mentioned in § 2 when using the DMSB Academy edubreak®CAMPUS.

§ 2
Users

(1) The use of the DMSB Academy edubreak®CAMPUS is reserved for the DMSB and DMSB Academy staff members, the DMSB Academy course instructors, the DMSB officials and for other participants in the education, in the basic and advanced training courses of the DMSB Academy. The DMSB Academy reserves the right to refuse the registration for the DMSB Academy edubreak®CAMPUS and the related permission to use.

(2) Single contents may be reserved for certain user groups. The DMSB Academy and/or the DMSB e.V. may in particular reserve contents for the exclusive use of persons who are licenced officials and/or participants in specific training programs of the DMSB Academy.

§ 3
Term

(1) This agreement is concluded for an indefinite period.

(2) In the existence of an important reason, the DMSB Academy and/or the DMSB e.V. is entitled to block the user’s access immediately and without prior notice for an indefinite period.

(3) After termination of your participation in the DMSB Academy edubreak®CAMPUS, the DMSB Academy and/or the DMSB e.V. is entitled but not obliged to delete the contributions made or submitted by you as user or any other content, any claim on the delivery of the contributions made or submitted or on any other content is excluded.

§ 4
Registration

(1) The registration and the acceptance of the Terms of Use are a requirement to gain access to the services of the DMSB Academy edubreak®CAMPUS. The acceptance of the Terms of Use shall be made by the users personally. The registration of third parties or on behalf of a third party is not permitted.

(2) The following standard profile information is transmitted within the scope of an automated data exchange with the DMSB Academy edubreak®CAMPUS:

• Name
• Given name
• E-Mail address

As an option, the below information may furthermore be adopted in the edubreak®CAMPUS:

• Title
• Address
• Telephone

You undertake to submit the registration information completely and truthfully. With regard to the storage of the data, the DMSB Academy and the DMSB e.V. respect the current provisions of the data protection law as stipulated in § 9 Data Protection of these Terms of Use.

(3) With your registration and the acceptance of these Terms of Use, you and the DMSB Academy and/or the DMSB e.V. enter into a user agreement which is governed by the content of these Terms of Use.

(4) Before the registration, minors, if applicable, must ensure that the authorised representatives (normally the parents) give their approval for the registration. The DMSB Academy and/or the DMSB e.V. reserve the right to verify the approval. You have the possibility to print the content of the agreement during the registration process and before the conclusion of the agreement.

§ 5
User Obligations

(1) All users undertake to use the DMSB Academy edubreak®CAMPUS appropriately and

• To respect the provisions in these user obligations and to refrain from everything that might interfere with the proper operation of the DMSB Academy edubreak®CAMPUS,
• To refrain from any improper use of the software, including in particular the copying of any software protected by copyright,
• To exclusively work under the own user username,
• To keep your password confidentially and in particular to take appropriate measures to avoid that any third parties may use your access data to gain access to the courses offered by the DMSB Academy edubreak®CAMPUS,
• To respect the requirements in relation to the protection of data,
• Towards other users of the internet not to make any offending, threatening, obscene, racist or other comments that might in any other way be contrary to [...]morality or to applicable laws
• Not to use E-Mail addresses or any other data of other users of the DMSB Academy edubreak®CAMPUS for commercial purposes or to make them available to third parties, and
• To use the internal mail system exclusively for the purpose of communication and information amongst the users.

(2) The users undertake to review their contributions and other contents before publication and posting to ensure that they do not contain any data or information which they are not entitled to publish or which they do not want to publish. You as user are furthermore obliged to accept and to respect all the existing copyrights in the information, texts, pictures, videos, graphics, sounds and any other materials and contents provided in the DMSB Academy edubreak®CAMPUS or otherwise included.

Where necessary, you must acquire the necessary rights of use for such information, texts, pictures, videos, graphics, sounds and other materials and contents under your own responsibility.

(3) The users bear the full responsibility for all actions performed under their account, including any action performed by third parties to whom they may have provided access, whether intentionally or negligently.

(4) The users shall be liable for all disadvantages and damages that might be incurred by the DMSB Academy and/or the DMSB e.V. as a result of them being in breach of the provisions of these Terms of Use.

§ 6
Refusal of Access/Exclusion

(1) Access to the DMSB Academy edubreak®CAMPUS may be totally or partly refused. Moreover, any access may subsequently be restricted or withdrawn by excluding the person using the DMSB Academy edubreak®CAMPUS temporarily or permanently, totally or partly, from the use (exclusion). The first sentence applies in particular if

• Any provision of the DMSB e.V. is in conflict with the use,
• There is a culpable breach of the Terms of Use,
• The services of the DMSB Academy edubreak®CAMPUS have been misused for the purpose of criminal activities,
• The DMSB e.V. suffers any disadvantages due to any other unlawful conduct on the part of a user,
• The person does not meet the eligibility requirements pursuant to §§ 2 and 4.

(2) Any exclusion shall be pronounced by the Head of the DMSB Academy.

§ 7
Copyrights

(1) The copyright for contributions and other contents (except videos) as far as protected by copyright and published by you as user of the DMSB Academy edubreak®CAMPUS remains regularly with you as user. With the publication on the DMSB Academy edubreak®CAMPUS however, you as user and within the activities of the DMSB Academy edubreak®CAMPUS entitle the DMSB Academy to make your contribution or other content on the corresponding websites permanently available to the DMSB e.V. for the retrieval of data and for public access. The DMSB e.V. has furthermore the right to move, to delete, to edit or to close the contributions or other contents published by you as user within the DMSB Academy edubreak®CAMPUS or within the other websites operated by the DMSB e.V.

(2) The rights of use specified under (1) remain in force without limitation even if your account used for your participation in the DMSB Academy edubreak®CAMPUS is deleted, barred or becomes inadmissible or unusable for any other reason. You as user have furthermore no right with regard to the DMSB Academy or the DMSB e.V. to claim the deletion or correction of any contribution or other content published by you.

(3) The users are themselves responsible for the contents published by them. The DMSB Academy and/or the DMSB e.V. does not assume any liability for a copyright infringement.

(4) Specific contributions and other contents provided on the DMSB Academy edubreak®CAMPUS remain in the system.

§ 8
Grant of Video Rights

(1) With the upload of a video/ the sending per email, you transfer to the DMSB e.V. free of charge the non-exclusive rights without any restriction in terms of time, territory or content, including the further transfer to third parties. The DMSB e.V. is entitled to reproduce and distribute the video worldwide according to its own discretion and in particular to exploit it in various media formats. The DMSB e.V. has the right to edit and archive the video material and to use it commercially and non-commercially in all kinds of media for training and education purposes as well as for teaching purposes and to transfer these rights to third parties. The DMSB e.V. is furthermore entitled to use the videos online, so make them publicly available to users at a location and at a time individually chosen by such user. A mandatory use on the part of the DMSB e.V. does not exist.

(2) By uploading / sending the materials you guarantee that you are entitled to transfer the described rights and that the material is free of third-party rights. The DMSB e.V. reserves the right to obtain the written consent to the aforementioned conditions.

§ 9
Data Protection

(1) The exclusive purpose of storing the personal data is to enable the user to gain access to the contents and such data shall be stored for the duration of use. Data on the user behaviour within the DMSB Academy edubreak®CAMPUS will be recorded by the system and may be viewed by moderators and/or instructors as well as, totally or partly, by other users.

(2) The users may at any time inform the Head of the DMSB Academy (for Head of the DMSB Academy contact please refer to the “Impressum”) that they are no longer interested in the further use whereupon the user profile will be deleted; § 7 2nd paragraph remains unaffected.

(3) Where required, the DMSB Academy is entitled to document and evaluate the usage of the data processing systems by single users for the purpose of system administration, the protection of personal data of third parties, the detection and elimination of failures as well as the clarification and prevention of illegitimate use. The applicable data protection provisions are hereby respected.

(4) More information regarding data protection and purpose, type and extend of the collection, processing and use of personal data are available in the privacy statement which can be downloaded under https://dmsb.edubreak.de/datenschutz.

§ 10
Exclusion/Limitation of Liability

(1) The contents of the DMSB Academy edubreak®CAMPUS are provided on an “AS-IS“ and “AS-AVAILABLE“ basis. The DMSB Academy and/or the DMSB e.V. does not assume any responsibility for the accuracy of the contents provided in the Campus and is furthermore not liable for the accuracy, completeness and up-to-dateness of the contents to which it merely provides access for the use. The DMSB e.V. does in particular not assume any responsibility if the contributions or other contents published or provided by the users in the DMSB Academy edubreak®CAMPUS are in breach of the property or any other rights of third parties.

(2) The service provider shall without limitation be liable for all damages caused by intent or gross negligence by the service provider in connection with the performance of services under the agreement.

(3) In the case of slight negligence, the service provider shall without limitation be liable in the case of damage to life, body or health.

(4) In connection with the provision of services against payment, the service provider shall furthermore only be liable if he has been in material breach of the contractual obligations. A material breach of the contractual obligations refers hereby to obligations whose fulfilment is essential for the due and proper implementation of the agreement and upon which the customer may regularly rely. In these cases, the liability is limited to the restitution of the foreseeable, typically occurring damage.

(5) Insofar as the liability of the service provider pursuant to the aforementioned provisions is excluded or limited, the same applies for the vicarious agents of the service provider.

(6) The liability under the Product Liability Act shall remain unaffected.

§ 11
Liability of the Users

Unless explicitly stated otherwise in the Terms of Use, you as user are liable towards the DMSB e.V., its legal representatives, employees and all other vicarious agents for all damages that they may sustain by reason of your participation in the DMSB Academy edubreak®CAMPUS as well as by reason of or in connection with the contributions of other contents published or provided by you in the DMSB Academy edubreak®CAMPUS, unless such damage was not culpably caused by you. Unless otherwise stated in the Terms of Use, you are therefore obliged to indemnify the DMSB Academy and/or the DMSB e.V., its legal representatives, its employees and all other vicarious agents from all claims that may be brought forward to them by third parties or other users by virtue of the damages specified in S.1. The DMSB Academy and/or the DMSB e.V. will inform you as user promptly about any such claims that may be brought forward by third parties or other users. You as user are obliged to reimburse to the DMSB Academy and/or to the DMSB e.V. all costs resulting from such damages, in particular the costs arising for the DMSB Academy and/or the DMSB e.V. in connection with a necessary legal representation. The DMSB e.V. explicitly reserves the right to enforce further claims for compensation and/or other claims towards you as user.

§ 12
Restriction of the Use, Amendment of the Terms of Use, Final Clauses

The DMSB Academy and/or the DMSB e.V. may restrict the use of the DMSB Academy edubreak®CAMPUS temporarily or block single accounts temporarily if this becomes necessary to eliminate failures, for the purpose of system administration and system extension, for the purpose of system security or of the protection of the user data. The registered users shall be previously informed of the measures, if possible.

§ 13
Amendment of the Terms of Use

The service provider reserves the right to amend these Terms of Use at any time and with immediate effect even within the existing contractual relationships. The service provider shall inform the registered users about any such amendments with an advance notice of 6 weeks before the scheduled date of the amendments to come into force. If the user has not disagreed within a period of 6 weeks from receipt of the notice and continues to use the services after the expiration of that time limit, the amendments shall be deemed to have been effectively agreed as from the expiring date. In the notification of amendments, the service provider shall inform the user on his/her right to object and on the consequences of an objection. In the case of an objection, the service provider has the right to terminate the contractual relationship with the user to take effect at the scheduled date of the entry into force of the amendments.

§ 14
Final Clauses

(1) The laws of the Federal Republic of Germany shall apply, the United Nations Convention on Contracts for the International Sale of Goods is excluded.

(2) If the user is a merchant, a legal entity under public law or a special assets fund under public law, the registered office of the service provider shall be the exclusive place of jurisdiction for all disputes arising out of the contractual relationship.

(3) Should individual provisions of these Terms of Use be or become ineffective, this does not affect the validity of the remaining provisions.

As of: 17.10.2016